AIR 2001 SUPREME COURT 3404 ::2001 AIR SCW 3261 ::2002 SCFBRC 460 ::(2001) RevDec 789 ::(2001) WLC(SC)CVL 700 ::2001 (2) UJ (SC) 1430 ::2001 UJ(SC) 2 1430 ::(2001) 4 CivLJ 644 ::2002 FAJ 804 ::(2002) 1 All RentCas 609 ::2001 (3) CivilCourtC 707 ::2001 (4) RecCivR 184 ::(2001) 5 Scale 163 ::(2001) 4 AllMR 521 (SC) ::2001 (5) Andh LD 111 ::2001 (3) All WC 2440 ::2001 (45) All LR 82 ::2001 (4) ICC 73 ::2002 (1) MadLW 442 ::2002 (1) JLJR 75 ::2002 (1) PatLJR 5 ::(2001) 3 SCJ 118 ::2001 (2) UC 557 ::2001 (6) Supreme 55 ::2001 All MR(CRI) 521 ::2001 (7) SCC 573 ::(2001) 6 JT 311 (SC) ::2001 (8) SRJ 206

Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): Ajay Prakash Misra, U. C. Banerjee , JJ

(A) Limitation Act (36 of 1963) , Art.136— Civil P.C. (5 of 1908) , O.20 R.18(2)— Execution of decree - Limitation - Period of 12 years begins to run from date on which decree becomes enforceable and not when decree becomes executable. Article 136 of the Limitation Act 1963, prescribes a period of twelve years for the execution of a decree other than a decree granting a mandatory injunction or order of any civil Court. The language used by the legislature in Art. 136 if read in its proper perspective to wit : 'when the decree or order becomes enforceable' must have been to clear up any confusion that might have arisen by reason of the user of the expression 'the date of the decree or order' which was used in the earlier Act. The intention of the legislature stands clearly exposed by the language used therein viz., to permit twelve year certain period from the date of the decree or order. There cannot be any ambiguity in the language used in the third column and the words used therein to wit : 'when the decree or order becomes enforceable' should be read in their literal sense. The requirement of the Limitation Act in the matter of enforcement of a decree is the date on which the decree becomes enforceable or capable of being enforced -- what is required is to assess the legislative intent and if the intent appears to be otherwise clear and unambiguous, quest....